Reversing the judgment of acquittal by the trial court in Belagavi, the Karnataka HC sentenced a 43-year-old autorickshaw driver to 10-year rigorous imprisonment with a fine of Rs 50,000 for sexually assaulting his minor daughter.
Partly allowing an appeal filed by the state government on behalf of Belagavi police challenging the judgment of the III Additional District and Sessions Judge and Special Judge (POCSO Act) court on February 3, 2017, a division bench of Justices HT Narendra Prasad and Rajendra Badamikar noted that the evidence establishes that accused being the father of the victim committed aggravated sexual assault by exploiting her situation that too when his wife is hearing and speech impaired.
Observing that the act of the accused was to satisfy his lust and inhuman, the court said the evidence also discloses that the sexual assault continued for almost 8 to 9 months. Now the victim is married and residing with her husband. The court directed the convict to pay the fine amount to the victim for her welfare, which was imposed along with sentence on the accused for offence punishable under Section 376(1) read with Section 6 of POCSO Act. It also directed the trial court to secure the presence of accused for serving the remaining part of sentence.
